Most people going through a divorce hope for a fair child custody settlement. But some cases get unusual custody requests. Take for example the case of Michael’s unusual custody request:
According to the ABA website, Michael’s ex-wife requested custody of their son and daughter for four Jewish holidays and half their Christmas vacation. The only Catholic holiday he’d intended to ask for in the custody agreement besides Christmas was Easter. Michael asked for Julia and Liam to be with him on the day of the NCAA men’s basketball title game if Syracuse is one of the two teams playing. A lifelong fan who grew up in Syracuse but now lives in the Chicago suburbs, Michael passionately supports the Orange and hopes to pass that down to his children.
Although this is not a typical custody request, parents can make unusual requests based on personal preferences and other factors such as safety and general welfare. Parents faced with unusual custody requests should seek legal advice from a local family law attorney.
Sole and Joint Legal Custody
Besides some uncommon custody requests, most people get a typical child custody settlement. Child custody laws in California are focused on the child or children’s best interest. That is a broad term that includes the child’s health, safety, education and general welfare.
California child custody cases are joint, sole and sometimes primary. Joint legal custody requires that parents share in the decision-making process concerning the child. This is the most common child custody arrangement in a divorce settlement, unless there is good reason for one parent to have sole legal custody.
Sole legal custody settlements are not the normal situation because most parents want to be involved in their child’s life. Sole legal custody agreements in a typical divorce settlement are generally intended for cases that involve abuse, neglect, child endangerment or where one parent is in a clearly superior position. Sole legal custody gives one parent the right to make decisions about health, safety, and education consistent with the child’s best interest. Legal custody provisions can vary quite a bit. Each custody case and family are different, therefore there is no one size fits all term in a child custody case. Although not the intention, some couples divorcing end up using their children as pawns during a divorce or custody proceeding. When faced with a difficult spouse or other parent, it is advisable to speak with a divorce attorney for more information on child custody procedure and law.